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The proposed review of the Code of Ethics by the Chief Justice PDF Print E-mail
Friday, 02 May 2003 12:00am
The Bar Council welcomes the suggestion by Datuk Seri Rais Yatim that the Bar Council be brought into discussions relating to the proposed review of the Code of Ethics by the Chief Justice.

The Bar Council has always been available for such discussions that touch on and concern the Administration of Justice in Malaysia, and is keen to provide its input on the new Code, recognizing however that the Code must in no way erode the independence and dignity of the Judiciary.

The Bar Council commends the Minister for his calls for transparency and accountability in the Judiciary, and believes that the time is right to revisit the old Code and some unwritten conventions in order to bring them in line with the public's cry for accountability and with internationally accepted standards of Judicial conduct.
 
The Bar Council reiterates its earlier call for regard to be had to the Bangalore Principles of Judicial Conduct 2002 which identifies judicial values that must be adhered to, namely, judicial independence, impartiality, integrity, propriety, equality, competence and diligence.

It is also timely to comprehensively address the system of appointment of Judges to make it transparent and accountable. To this end the Bar Council has already put forward a memorandum containing proposals for reform. It is the Bar Council's view that these proposals should be considered in tandem with the review of the Code of Ethics so as to arrive at an effective approach to restoring and maintaining public confidence in the Administration of Justice.

In light of the Minister's most recent statement, the Bar Council trusts that his recent (but earlier) remarks that a "judiciary system development division" is to be set up under the jurisdiction of the law division in the Prime  Minister's Department merely refer to a division set up to study the system and to make appropriate recommendations, but which will in no way interfere with the Independence of the Judiciary.

Dated this 2nd day of May 2003

HJ. KUTHUBUL ZAMAN BUKHARI
Chairman
 
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